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(영문) 제주지방법원 2018.01.16 2016가단9215
공사대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 1, 2015, the Plaintiff and Defendant C entered into a construction contract with the Plaintiff to receive a contract, setting the construction period from April 1, 2015 to September 15, 2016 (excluding value-added tax) for the newly constructed neighborhood living facilities located outside of E and one parcel (hereinafter “instant building”); the contract amount of KRW 840,900,000 from April 1, 2015 to September 15, 2016; the contract amount of KRW 90,000 (excluding value-added tax); the contract amount on May 21, 2015 was increased to KRW 90,00; the construction period was modified from June 1, 2015 to September 15, 2016; the contract amount was extended to the construction period as is; and the contract was amended on June 30, 2015 to October 10, 2015.

(hereinafter “instant construction contract”). B.

The Plaintiff completed the instant construction, and on January 2016, the approval for the use of the instant building was granted to police officers.

C. On January 22, 2016, the Plaintiff entered into an settlement agreement on the instant construction project with Defendant C (hereinafter “instant settlement agreement”) with the following content.

1. The remainder of the construction cost of this case is KRW 180,000,000,000,000, out of the total construction cost of 210,000,000 after transfer to the F personal account of the Plaintiff’s representative director

2. Additional construction cost shall be fixed at KRW 33 million, which shall be KRW 7 million in direct deposit with G Company and any balance shall be KRW 26 million in direct deposit with G Company.

3. The balance shall be paid in 56 million won after the completion of the warranty certificate.

On January 25, 2016, the Plaintiff issued a warranty bond from the Construction Mutual Aid Association and issued it to Defendant C at that time.

E. Afterwards, the Plaintiff and Defendant C agreed on the construction cost of the waterproof Repair Work, and agreed on KRW 1.5 million. On March 11, 2016, Defendant C paid the Plaintiff the remainder of KRW 56 million under the instant Settlement Agreement plus KRW 8 million out of the construction cost of the said waterproof Repair Work, and remainder of KRW 1.5 million among the construction cost of the said waterproof Repair Repair Work.

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